Id. at 101-102 (citations omitted).
16 Paragraph 6(A) (II) of UNHCR’s Statute, Article
1(A) (2) of the 1951 Convention and Article I.2 of the
1967 Protocol (incorporating by reference the relevant portions of Convention article 1(A)(2)) refer to
stateless persons who meet the criteria of the refugee definition. UNHCR’s statelessness mandate also
applies to stateless individuals who are internally displaced.
17 See, e.g., U.N. General Assembly Resolution A/
RES/50/152 at 2 (1995).
18 Id., at ¶ 14 (clarifying that UNHCR’s activities on
behalf of stateless persons are part of the office’s
statutory function of providing international protection); A/RES/61/137 ¶ 4 (urging UNHCR to continue
its work “in regard to identifying stateless persons,
preventing and reducing statelessness, and protecting stateless persons”); See generally, UNHCR’s Role
in Supervising International Protection Standards in
the Context of its Mandate, Keynote Speech delivered by Volker Türk at York University (Toronto, CA)
May 2010, available at: <www.unhcr.org/4bf406a56.
html>.
Although UNHCR is not explicitly mentioned in either the 1954 Convention or the 1961 Convention, the
U.N. General Assembly has specifically designated
UNHCR as the appropriate body to examine the
cases of persons who claim the benefit of the 1961
Convention and assist them in presenting their claim
to the authorities under Article 11 of this treaty. U.N.
General Assembly Resolution 3274 (XXIX) (10 December 1974); A/RES/31/36 (30 Nov. 1976). Further,
under UNHCR ExCom Conclusion 106, paragraph
(x), the office is requested “to provide technical advice to States Parties on the implementation of the
1954 Convention so as to ensure consistent implementation of its provisions.”
19 See, e.g., U.N. General Assembly Resolutions A/
RES/51/75 (1997) ¶ 18; A/RES/55/74 (2001) ¶ 5; A/
RES/62/124 (2008) ¶ 5; A/RES/65/194 (2011) ¶ 5.
20 See, e.g., ExCom Conclusion No. 78, Prevention
and Reduction of Statelessness and the Protection of
Stateless Persons (1995) ¶ (a) (“Encourag[ing] UNHCR to continue its activities on behalf of stateless
persons, as part of its statutory function of providing
international protection and of seeking preventive
action....”) (emphasis in original); ExCom Conclusion
No. 106, Conclusion on Identification, Prevention and
Reduction of Statelessness and Protection of Stateless Persons (2006) at 1 (“[r]eaffirming the respon-
Solutions for the Stateless in the U.S.
sibilities given to the High Commissioner by the
United Nations General Assembly to contribute to
the prevention and reduction of statelessness and to
further the protection of stateless persons”) and at
¶ (a) (“[u]rg[ing] UNHCR, in cooperation with governments, other United Nations and international as
well as relevant regional and non-governmental organizations, to strengthen its efforts in this domain
by pursuing targeted activities to support the identification, prevention and reduction of statelessness
and to further the protection of stateless persons.”);
available at: <http://www.unhcr.org/41b041534.html> and
<http://www.unhcr.org/refworld/docid/453497302.html, respectively>.
As of July 2012, the Executive Committee is composed of representatives from 87 countries, including the United States, and meets annually to review
and approve the UNHCR’s programmes and budget;
advise on international protection matters; and discuss a wide range of related issues with UNHCR and
its intergovernmental and non-governmental partners.
21 U.N. General Assembly Resolution A/RES/61/137
¶ 4 (2006).
22 UNHCR ExCom Conclusion No. 106, ¶ c.
23 Id., ¶ q.
24 Id., ¶¶ p and r.
25 Id., ¶ v. In conjunction with the 2011 50th Anniversary of the 1961 Convention, UNHCR placed statelessness issues at the centre of its advocacy work
and continues to intensify its efforts in achieving
greater State accession to the international statelessness instruments. For a map of States Parties to the
1954 and 1961 Conventions, including those that have
acceded since the October 2010 UNHCR launch of
its 2011 Commemorative Campaign, see <http://www.
unhcr.org/4ff2e44a9.html>.
26 1951 Convention Art. 1 (1). See pages 17-18 for a
discussion of this definition.
27 See e.g., UNHCR, Action to Address Statelessness:
A Strategy Note, March 2010, p.14, available at: <http://
www.unhcr.org/refworld/docid/4b9e0c3d2.html>. See generally, LAURA VAN WAAS, NATIONALITY MATTERS:
STATELESSNESS UNDER INTERNATIONAL LAW 12
(INTERSENTIA 2008) for an excellent treatment of
statelessness globally.
28 For a fuller discussion of the disadvantages of
statelessness, see, e.g., The United Nations and
Statelessness, at 5-6.
39